The long-awaited law on labor migration accepted. What's next?

The long-awaited law on labor migration accepted. What's next?

The law "On foreign labor migration" is aimed primarily at labor migration and social protection of workers. However, that is justified, it reflects not only social and economic, but also, in particular, language and cultural and educational needs of migrants.

Under the law, residents of Ukraine with the norms of international treaties have the right to transfer taxes and duties paid outside Ukraine, in the calculation of taxes and fees in Ukraine (p. 19). Thanks to the adoption of the Law of Ukraine "On external labor migration" regulated relationship that had previously not regulated by special laws.

The analysis of the discussions that preceded the adoption of the law, try to identify the main problems the solution of which requires further improvement of the legislation.

1. Law "On external labor migration" is aimed primarily at regulating labor migration and social protection of workers. However, that is justified, it reflects not only social and economic, but also, in particular, language and cultural and educational needs of migrants. Although it is not even mentioned extremely painful for the implementation of migrants' right to vote, which inevitably exacerbated during each parliamentary or presidential elections. The legislator obviously deliberately not touch this area. However, making appropriate changes to the election legislation is long overdue, and adopted law should be at least declaratively, as is done on other rights of migrants indicate the state guarantees ensuring the participation of migrants in elections that would be an additional reason for the revision of the electoral legislation the organization of voting abroad.

2. appears extremely vague article of the Law on the reintegration of migrant workers in Ukrainian society (Art. 14), contrary to the criteria for the implementation of the second phase of the Action Plan on visa liberalization, which included the settlement of reintegration at the legislative level. It comes down mainly to facilitate reintegration declaration povertantsiv through complex social, legal, economic and other measures, but where and how - is unknown. Some specifics is present only in part of migrants to be informed that should facilitate their return (part 4 of Art. 14). However, in this case, it is unclear who and how should such information to provide.

Mechanisms for efficient assistance in the reintegration of migrants after their return to the Law no. In this context it is worth recalling that the community of migrant workers, as well as experts in Ukraine, has repeatedly raised concerns about reintegration measures such as simplification of procedures for recognition of overseas qualifications and knowledge, assistance to include migrant children in the educational process in Ukraine through providing additional training for them, especially in the Ukrainian language, training for adults to meet the needs of the labor market regions of return, increase business and financial literacy povertantsiv wishing to invest money earned abroad to start their own business in Ukraine. The relevant provisions it would be appropriate to bring the text of the law.

It was also suggested after some time spent abroad exempt migrant workers returning from customs duties on the import of personal property, to work out the issue of duty exemption of agricultural machinery, tools and equipment and other capital goods imported to Ukraine labor migrants returning to open their own business. However, customs issues in the law "On foreign labor migration" never mentioned, although in the case if the government really intends to promote the reintegration provertantsiv, making appropriate changes to the Customs Code is quite logical.

Since reintegration is a complex integrated process, to facilitate which would involve various executive bodies and local authorities to coordinate their activities and achieve synergy, it would be desirable to use a software approach is to develop, at least in the regions covered by the most massive labor migration programs to facilitate the return and reintegration of migrants. Development and implementation of such programs would be listed in the law as a mechanism required to implement the declared norms to facilitate reintegration.

3. The next painful question that adopted law does not provide clear and understandable answers - tax earnings of migrant workers. It does not contain direct prohibition of double taxation of cash income workers, referring to the international treaties of Ukraine. Under the law, residents of Ukraine with the norms of international treaties have the right to transfer taxes and duties paid outside Ukraine, in the calculation of taxes and fees in Ukraine (p. 19). In this regard, there are at least two questions. First, what if the country of employment migrant intergovernmental agreement on avoidance of double taxation is not concluded, secondly, is eligible for consideration paid overseas taxes citizens who received funds from non-residents, such as elderly parents who are recipients of transfers of children living and working in Italy. According to the logic of life, interfamilial transfers taxes levied should not, no matter where (in Ukraine or abroad) was earned funds transferred parents, wife or children. This, however, requires a clear explanation of the Tax Code of Ukraine, introduction of relevant changes. In passing, we note that foreign countries interested in the currency transfers from individuals from abroad as a source of additional investment and to channel them through official channels, establish tax incentives and transfers of migrants, and formed it through foreign currency deposits.

4. It should be emphasized also the need to specify in the law guarantees provided to migrants in education. In exercise of the constitutional rights of citizens, it is also a powerful lever to facilitate the return of migrants in Ukraine. For the family, customized for Ukrainian children education, mostly focused on the return. In the interest of the state to support them in this. In particular, it is necessary to help amateur Ukrainian educational institutions, organized associations of migrants in host countries, facilitate the creation of new Ukrainian educational institutions abroad to provide these schools with textbooks, teaching materials, vidryadzhaty at public expense Commission to Ukraine and certification of students taking exams ( today it is at the expense of parents). As in the current economic climate assignment teachers to work in Ukraine Ukrainian schools abroad is unrealistic, we can successfully attract teachers among migrant workers. You must organize their training and certification, consider the period of work in Ukrainian schools abroad to experience in teaching in Ukraine. In this regard, the Law "On the external labor migration" should be introduced relevant provisions.

Legislative regulation also requires support for migrant children staying with parents abroad and there are secondary education opportunities to enter higher education in Ukraine. Processing requires enabling external assessment of their knowledge or remotely using a different mechanism to attract talented migrants' children - citizens of Ukraine to the Ukrainian universities in such manner that applicants apply for admission among Ukrainian Foreign (within the quota recommended by the community).

5. Despite the positive fact that a separate article in the law of dedicated public union workers abroad, detailing ways to interact with them missing that is not conducive to the proper use of the capacity of these organizations and in the interests of workers, and in the interests of Ukraine. It is necessary to develop cooperation mechanisms diplomatic and consular offices of Ukraine abroad with associations of migrants, in particular to attract activists to organize voting abroad, counseling and provision of information to migrant workers, etc., and should also be possible to delegate certain functions to these associations in social support migrants in need.

Thus, by adopting the Law of Ukraine "On external labor migration" regulated relationship that had previously not regulated by special laws. However, not all problems solved until the end. Serious work requires legislative alignment with this law the legal acts regulating other areas of public relations and the development of secondary legal documents assuring the mechanisms for implementing the rules declared in the new law. So work on improvement of legislation of Ukraine in the sphere of labor migration and ensure its proper implementation should be continued. Since the regulation of migration and protection of migrants require a comprehensive approach, it is advisable to create an interagency commission (working group), which would permanently representatives of relevant agencies, with the participation of non-governmental organizations and experts discussed the problems encountered and initiated to develop legislative changes needed to address them.